United States v. Daniels

This is an appeal from a conviction and sentence for damaging a motor vehicle with reckless disregard for human life, in violation of 18 U.S.C. §§ 33 and 2, and for using a firearm during a crime of violence, in violation of 18 U.S.C. §§ 924(c) and 2. The defendant argues, among other things, that the district court erred (1) in admitting evidence of uncharged misconduct pursuant to Rule 404(b), Fed. R. Evid., (2) in applying § 2A2.2 of the Sentencing Guidelines with respect to the violation of 18 U.S.C. § 33, and (3) in failing to grant a downward departure based upon the defendants role in the offense. Because we find none of these contentions persuasive, and because we find the defendants other arguments to be without merit, we shall affirm the conviction and the sentence imposed by the district court.